MOHAR SINGH Vs. KHUSHBIR SINGH

JUDGEMENT

(1.) THIS is a tenants' revision and has been directed against the order dated 7th May, 1985 passed by the Appellate Authority vide which the appeal of the landlord was accepted and the order of the Rent Controller was set aside. The learned Appellate Authority, while allowing the ejectment petition of the landlord directed the tenants to put them in vacant possession of the premises in question. In brief facts of the case can be noticed in the following manner : Shri Khushbir Singh son of Harbind Singh filed an ejectment application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the Act") against Shri Mohar Singh and Bhupinder Singh seeking ejectment of the respondents from the demised premises i.e. shop situated in Kashmiri Bazar, Hoshiarpur, by inter alia alleging that Shri Mohar Singh is a tenant in the shop in dispute at a monthly rental of Rs. 900/- plus house tax and that the respondent has not paid the rent in Court according to his statement dated 19.3.1983 since 7.11.1982 to 7.4.1983. He has also not deposited the house tax for this period. Therefore, the respondents are liable to be ejected from the shop in question on the ground of non-payment of rent. It was also averred by the petitioners that respondents were asked several time to deposit the rent in Court but finally they refused to do so on 10th April, 1983. Hence the ejectment petition.

(2.) IT may be mentioned here that the ejectment application was filed in the Court of Rent Controller on 20th April, 1983 and it was registered as Rent Petition No. 20 of 1983 on 22nd April, 1983.

(3.) IT may also be mentioned here that the first date of hearing in the present ejectment petition was 9th June, 1983 when the tenant made a statement before the learned Rent Controller that he did not want to make any tender because he had already deposited the rent under the orders of the Civil Court and in order to verify his assertions, he placed on record photocopy of the treasury challan. It was also stated by the tenant that on the ejectment petition no date has been mentioned. Resultantly, the proceedings were adjourned to 18th January, 1983. The learned Rent Controller vide order dated 18.9.1984 dismissed the ejectment petition. Not satisfied with the order of the learned Rent Controller, the landlord filed an appeal under Section 15 of the said Act before the Appellate Authority and vide impugned judgment dated 7th May, 1985 the learned Appellate Authority allowed the appeal of the landlord and ordered the ejectment of the tenants and in this manner, the present revision by the tenants.